A UK Sponsor spouse, who is a permanent member of the UK Diplomatic Service while undertaking a “tour of duty overseas”, with his or her dependant foreign UK spouse visa holder will still be allowed to apply for indefinite leave to remain even if the UK Spouse visa holder has spent 2 years outside the UK with the British Sponsor.
A person holding an entry clearance as a spouse / civil partner will normally be admitted to the UK for an initial period of 27 months before they can apply for Indefinite Leave to Remain (ILR). This probationary period still applies but the time spent abroad on a posting counts towards this. The foreign spouse/civil partner may return to the UK at any time, but must return to the UK to lodge an application with UK Visas and Immigration for ILR one month before the expiry of the existing leave to enter / remain. The spouse / civil partner making the application must remain in the UK while his / her application is under consideration.
I have been asked
“will Indefinite Leave to Remain (ILR) status be lost if the tour of duty overseas is longer than two years?”
The answer “NO”
To find out more, by calling 01634 828288…speak to Shabana